B-165255, DEC. 16, 1969
Highlights
PRIOR DECISIONS DENYING REIMBURSEMENT OF SUCH EXPENSES WERE MODIFIED ACCORDINGLY. THE CLAIM WAS PREVIOUSLY DISALLOWED IN OUR DECISIONS B-165255 OF OCTOBER 24. YOU ASK ADVICE AS TO WHETHER THOSE TWO DECISIONS HAVE BEEN REVERSED BY OUR DECISION B-166958. WE HELD THAT OUR PRIOR DECISIONS DENYING REIMBURSEMENT OF SUCH EXPENSES WERE MODIFIED ACCORDINGLY. THE VOUCHER IS RETURNED HEREWITH AND IF OTHERWISE PROPER MAY BE CERTIFIED FOR PAYMENT.
B-165255, DEC. 16, 1969
WORDS AND PHRASES--"RESIDENCE" TERM "RESIDENCE", AS CLARIFIED BY SECTION 4.1B OF BUREAU OF THE BUDGET CIR. NO. A-56, AS REVISED JUNE 26, 1969, INCLUDES HOUSE TRAILER AND/OR LOT ON WHICH LOCATED, FOR PURPOSES OF ENTITLEMENT UNDER CIRCULAR. SEE 49 COMP. GEN.--- (B-166958, JULY 9, 1969). OFFICERS AND EMPLOYEES--TRANSFERS --RELOCATION EXPENSES--HOUSE SALE--TRAILER AND LOT SALE EMPLOYEE'S CLAIM FOR REAL ESTATE EXPENSES, INCURRED IN SALE OF MOBILE TRAILER USED AS RESIDENCE AND 1.14 ACRE TRACT INCIDENT TO PERMANENT CHANGE OF STATION, PREVIOUSLY DISALLOWED IN DECISIONS OF OCT. 24, 1968 AND MAR. 19, 1969, MAY BE ALLOWED (EXCLUDING SALES COMMISSION ON SALE OF SPRINKLER) IN VIEW OF DECISION 49 COMP. GEN. (B-166958, JULY 9, 1969), WHICH, CONSISTENT WITH BUREAU OF BUDGET CIR. NO. A-56 AS REVISED JUNE 26, 1969, ALLOWED REIMBURSEMENT OF SIMILAR EXPENSES. SECTION 4.1B OF CIR. NO. A-56 CLARIFIES THAT MEANING OF RESIDENCE FOR PURPOSE OF ENTITLEMENT UNDER CIRCULAR INCLUDES HOUSE TRAILER AND/OR LOT ON WHICH LOCATED, AND PRIOR DECISIONS DENYING REIMBURSEMENT OF SUCH EXPENSES WERE MODIFIED ACCORDINGLY.
TO MISS SOPHIE G. CYZESKI:
YOUR LETTER OF NOVEMBER 13, 1969, REFERENCE 3622, ENCLOSED A CLAIM IN THE AMOUNT $594.33 BY MR. LORNE L. TESKE FOR REAL ESTATE EXPENSES IN THE SALE OF A MOBILE TRAILER USED AS A RESIDENCE AND 1.14-ACRE TRACT INCIDENT TO A PERMANENT CHANGE OF STATION AS AN EMPLOYEE OF THE DEPARTMENT OF THE INTERIOR. THE CLAIM WAS PREVIOUSLY DISALLOWED IN OUR DECISIONS B-165255 OF OCTOBER 24, 1968, AND MARCH 19, 1969.
YOU ASK ADVICE AS TO WHETHER THOSE TWO DECISIONS HAVE BEEN REVERSED BY OUR DECISION B-166958, JULY 9, 1969.
THE LATTER DECISION CONSISTENT WITH THE PROVISIONS OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, AS REVISED JUNE 26, 1969, ALLOWED REIMBURSEMENT OF EXPENSES INCURRED BY AN EMPLOYEE FOR THE SALE OF A MOBILE HOME, USED AS A RESIDENCE, INCIDENT TO A TRANSFER.
AS POINTED OUT IN B-166958, SECTION 4.1B OF CIRCULAR NO. A-56, CLARIFIES THAT THE MEANING OF RESIDENCE FOR PURPOSES OF ENTITLEMENT UNDER THE CIRCULAR INCLUDES A HOUSE TRAILER AND/OR THE LOT ON WHICH LOCATED. ADDITIONALLY, AS YOU NOTED, WE HELD THAT OUR PRIOR DECISIONS DENYING REIMBURSEMENT OF SUCH EXPENSES WERE MODIFIED ACCORDINGLY.
THE VOUCHER IS RETURNED HEREWITH AND IF OTHERWISE PROPER MAY BE CERTIFIED FOR PAYMENT. IN THAT CONNECTION IT APPEARS THAT THE SALES COMMISSION ON THE SALE OF THE SPRINKLER WOULD NOT BE ALLOWABLE.